New Labour & Company Laws in Kenya 2021

The law does not exist in a vacuum; it exists solely to regulate human interaction within our societies. As society grows and populations diversify, the need to amend various laws arises to fit our changing needs. Our labour laws for instance are constantly being amended in order to reflect the demands of the current labour market and workforce. Amendments ensure the promotion and protection of both employers and employees’ rights. On 30th March 2021, President Uhuru Kenyatta signed into law the Employment (Amendment) Act, 2021. One of three Employment Amendment Bills introduced in 2019 and the only one currently passed into law. This Act was operationalised on 15th April 2021 following its gazettement through Kenya Gazette Supplement No. 53. In this article we’ll look at some of the newly enacted labour and company laws related to your Human Resources.


Section 29A has been introduced to the Employment Act. This Section provides that in the event that a child is placed in the continuous care of a person who is an employee under the Employment Act, that employee is entitled to 1-month pre-adoptive leave with full pay.

Previously, qualification for the pre-adoptive leave was based on sex and marital status. In addition, the leave period was 3 months for married female employees and two weeks for married male employees. With the new amendment, both male and female employees are entitled to 1-month pre-adoptive leave regardless of one’s marital status.

In order to apply for this leave, an employee is required to notify their employer in writing, their intention to place a child in their custody at least 14 days before the placement of the child. This notice to the employer must be accompanied by the relevant documents including a custody agreement and an existing certificate from a registered adoption society.

An employee who takes pre-adoptive leave has a right to return to the job they held prior to the leave. This amendment is a progressive move in Kenya’s employment laws with respect to adoption.


Due to the COVID-19 pandemic, the Business Amendment Act now enables both private and public companies to hold virtual and hybrid meetings where their previous articles did not allow them to do so.


The National Hospital Insurance Fund (NHIF), the National Social Security Fund (NSSF) as well as the National Industrial Training Act have all been amended under the Amendment Act. The amendment harmonised the due date for the respective payroll deductions. Both the NHIF and NSSF deductions will now be due on the ninth day of every month while the Industrial Training contributions will be due on the ninth day of the month following the end of the financial year. The NSSF Act also now provides that in the event where a contribution has not been paid on or before the ninth day of the month, a five percent (5%) penalty of the respective contribution shall apply.

These amendments aim at increasing employer compliance with respect to payroll deductions.

employer branding

Every company has a reputation. It could include thoughts about your products, services, leaders, team members, history, and more. And your company’s reputation can also go beyond to inspire a specific perception — emotional, instinctive, intellectual — in the people who see your ads, use your products, and eventually, speak to others about you. That reputation is known as your brand.

Your company also has a second brand related to its primary brand about how you’re viewed as an employer. This is your employer brand, and it lives and breathes in the minds and hearts of your former, current, and future employees.

In today’s increasingly competitive job market, a positive employer brand is critical. Without one, hiring and retaining the best employees becomes challenging — and costly. You need talented, leadership-bound workers to drive your business forward, and the best way to find them is to cast the impression that your company is a great place to work. Everything from the salary and benefit packages you offer to advancement opportunities to weekly happy hours, the culture of an organization and the treatment of its employees can greatly impact the impression you’re trying to make on potential candidates.

What is an employer value proposition (EVP)?

An employer value proposition encompasses your organisation’s mission, values, and culture, and gives employees a powerful reason to work for you. It’s everything your company can offer as an employer, in exchange for all the skills and experience your employees bring to the table.

An organisation benefits from a well-designed EVP, communicated often to both potential and current employees. A strong EVP can attract and retain the best people, help prioritise goals and agendas company-wide (especially in HR and workforce planning), help re-engage a dispassionate workforce, and reduce hiring costs. Most of all, it contributes to a favourable and robust employer brand.

Before you craft your employer brand proposition, your company’s benefits should be well-established, well-defined, and a proven hit with your current employees. And if they’re not, and you’re looking to revamp things, consider what influences a person’s decision whether to accept a job offer or not

Who does employer branding?

There can often be confusion about who owns the organisational task of employer branding. At smaller shops, it could be the CEO controlling the messaging or, more traditionally, talent or HR leads. At larger businesses, recruiters might lean on their HR, communications, or marketing departments to help them craft and hone an employer brand.

What’s most exciting is that your employer brand is no longer just what your company website says it is. Like it or not, employer branding starts and ends with your employees.

The employer branding process

Step 1. Get familiar with your company

When you’re able to define your company’s unique attributes, it’s easier to hone an EVP. Get to know your organisation’s core business, vision, mission, values, and culture. Understand what your company objectives are, and what sort of talent is needed to accomplish those objectives.

Step 2. Do an audit of your employer brand

You probably already know exactly where your product or service stands in the marketplace, but you may not be as aware of how your company is viewed in the market or how it’s perceived by your current employees. Conduct research both internally and externally with applicant surveys, internet and social media searches, and/or firms that conduct reputation monitoring. See what’s working at your company so you can keep doing it, and what areas need improvement — both when it comes to company operations and morale, but specifically with the talent acquisition process in order to discover ways to improve it.

Step 3. Define an employer value proposition

Now comes the part when you can make your corporate messaging sing. Draft an EVP that clearly communicates the values of your corporate brand, while reflecting what’s special about working at your organisation. It should align with your customer brand, but also speak directly to your employees.

Step 4. Use recruitment marketing

When designing an EVP or other employer brand messaging, consider enlisting the talents of the creative wordsmiths in your own marketing or communications department (or outsourcing this and other brand work to an agency). By borrowing a few marketing techniques — such as starting every branding endeavour with the questions, “WHO are we trying to reach? And WHAT do they want?” — you’ll be in the best  position to craft an employer brand that speaks to your exact target audience.

Step 5. Build engagement among current employees

To help you become a trusted employer, look no further than your own workforce. For finding out what it’s like to work for your company, employees are 3x more likely to be trusted by leads than your CEO. Your employees also shape your company’s culture, live your values, achieve your objectives, and manifest your company’s mission. Without their participation, your employer brand would be nothing. Here are a few ways to get your workers more engaged with your employer brand:

  • Hone the message. 

Use a set of words or phrases that become a part of the company’s vernacular, as a way to describe your company’s values and what the experience of working for your company is all about. Keep it simple, clear, informative, and unique. Use this language in HR or recruiting meetings, and focus this language for your career pages, recruiting sites, social media accounts, and anywhere else your employer brand can be leveraged.

  • Show off your employees (by having them show off themselves). 

Did you know that one in four candidates view other employee profiles immediately after finding out about a job opportunity? Encourage your workers to update their online profiles so they’re current, professional, and attention-worthy. Your People or HR department can send out helpful email reminders, no-hassle links, and tutorials on how to do this. You can also leverage the experiences, expertise, and personalities of your employees by having them tell their stories on panels and become subject-matter experts or mentors on topics they’re qualified to write or speak about in their field. Any time your former or current star employees bring positive attention to your customer or employer brand, you’re putting your best recruiting foot forward.

  • Turn your employees into a social recruiting army. 

As your employees update their personal and professional profiles, ask them to write (honest, but ideally favourable) reviews of your company on job listing sites, to post company news and updates, and to share job opportunities to their personal networks as they come up. The average network size of a company’s employees is 10x larger than its own. Since your employees are your unofficial recruiters and marketers, the first step of a good employer brand strategy is to help employees use LinkedIn and other social media networks to represent themselves and spread the word about your company. Ask your social media manager to send guidelines on where and what to post and send links to make it easy.   

  • Nail the onboarding process. 

The first 90 days of employment are critical to turning a new team member into a productive employee. Your company can make a deep and lasting first impression by offering a smooth onboarding process. Arm new hires with the tools, introductions, and orientations they need to hit the ground running and start thriving in their new roles.

  • Offer skills training and advancement opportunities. 

Nothing saves recruiting costs more than promoting from within, so give your workers opportunities for personal growth and professional development. Offer management and leadership training, special certifications, and plenty of avenues for career advancement to capture job candidate interest and commitment from your employees.  

Step 6. Write snazzy job descriptions

Job posts are often the first contact candidates have with your company, so they’re a perfect way to promote your employer brand. If you’re going for a brand voice that stands out, instead of, “must demonstrate excellent communication skills” you might try, “You’re the type who’d just as soon pick up the phone than wait for an email; the phrase ‘cold call’ doesn’t give you the shivers,” as a more descriptive, attention-getting way of bringing your organisation’s personality to life. Then, optimise your search engine results using — but not overusing — words and phrases you know your ideal candidates are searching for.

How to improve your employer brand

To increase the number of quality, enthusiastic applicants vying for positions at your company, your CEO, leadership, marketing team, and recruiters can all help develop and growth your employer brand. Whether you have a big budget or small, whether you’re a large company or a start-up, there are plenty of strategies you can use to think like a marketer, build deep and meaningful relationships with your staff, and boost your employer brand like a boss.

1. Don’t focus on compensation

Your employer value proposition will be the strongest if you can talk about how a role will be meaningful (personally fulfilling or about a global good) or a superior work experience, over compensation, especially if you want to attract younger candidates. Your EVP should be unique, compelling, and tuned into the deeper motivations of why a person might want to join your team.

2. Start a company blog

If you’re a recruiter with a marketing mindset, you know that content — and lots of it — can be a great strategy for competing in a noisy marketplace. Job seekers often check out a company’s blog to get to know an organisation on a more human level. You can post company news, culture updates, and articles written by your employees or company leaders, all in a personable voice. A blog can also be used to highlight the unique people policies, processes, and programs that show your organisation’s commitment to employee happiness.

3. Use rich media

Use high-quality videos, photos, and slideshows to tell your company story, celebrate your diverse employees, and show off beautiful workspaces. A welcome video from your CEO or hiring manager is a great way to make an introduction, as are staff interviews talking about their experiences working for your organisation. Plan and budget for these and other marketing costs at the start of each quarter.

4. Hire for diversity

It’s no surprise that who you hire says something about your brand. Having unique thinkers from a diverse range of backgrounds shows you’re not only walking the walk as an equal-opportunity employer, but also extending your brand’s reach (both customer, and employer) into new groups — a sound business move, and a key strategy when building a powerful employer brand.


Also see:


Much like everything else, Job security isn’t what it used to be. Individuals hardly maintain the same job for 20-30 years anymore. Job security is defined as the probability that an individual will keep their job; a job with a high level of job security is such that a person with the job would have a small chance of becoming unemployed. In today’s economic and innovative climate, you’re considered a veteran if you hold a position for 10+ years.

The typical narrative for success and job security has always begun with good grades, a successful university career and a healthy respect for authority. Vocational training and career advice maintains hard work and patience are the key to a long, successful career. As you have undoubtedly come to realise, the requirements for job security now extend beyond these two values.  Ahead of you is a long and arduous career journey  surrounded by an unhealthy level of of competition in a very noisy marketplace. Arguably, job security no longer exists or economic strife has least accelerated the average career development timeline and shortened job viability.

Governments and individuals are understandably motivated to achieve higher levels of job security. Governments attempt to do this by passing laws which make it illegal to fire employees for certain reasons while individuals can influence their degree of job security by enhancing their skillset through education and experience, or by moving to a more favourable location. Unions also strongly influence job security. Jobs that traditionally have a strong union presence like as government jobs jobs in education, healthcare and public service  are considered very secure while many non-unionised private sector jobs are generally believed to offer lower job security; although this varies by industry and country.

Basic economic theory holds that during periods of economic expansion businesses experience increased demand, which in turn necessitates investment in more capital or labour. When businesses are experiencing growth, job confidence and security usually increase. The opposite often holds true during a recession. Businesses experience reduced demand and look to downsize their workforce. And this is exactly what we’re currently experiencing in the wake of the COVID-19 pandemic. Workers are experiencing uncertainty over job security as well as their ability to secure paid leave if required to self-isolate. The insecurity particularly impacts casual workers who do not have the same entitlements as full time workers. 

The main idea in maintaining job security would be to make yourself invaluable – not only to your current employer, but to future employers as well. Try to learn new skills and adapt to changing markets. It’s all about self-awareness. Stay positive and find helpful ways to cope with the psychological pressures of job insecurity because your willingness to adapt to change makes all the difference.  Keep an eye out for opportunities with other organisations in your industry, too. It does no harm to know what’s available, and it’s not disloyal to make contingency plans for possible shifts in your career. Be sure to keep your resume up to date so that you’re always prepared to apply for new positions that may come up. And, if you can, save some money, so you don’t have to worry about paying your bills straight away if you do lose your job. That way, you can focus on the positive, not on doubt and uncertainty.

Whereas if you’re an employer, you’ll want your company to maintain a positive reputation for job security. A stellar brand as an employer will improve you bottom line, quality of employees available to you, your position in the marketplace and positive engagement from your workforce. Keep insecurity low by focusing on quality rather than quantity in your employment practices. It’s important to hire people who will multiply the value of your company offering so in economic downturn, almost every employee is essential. This may sound idealistic – and it probably is however, minimising ‘dead weight’ and loss is basic economic theory for a successful outcome. Put measures in place to mitigate disruptions like workplace insurance, severance packages and financial buffers. Therefore, even if you have to make hard decisions your employer brand is secure.

Let us know in the comments what your concerns and solutions are!

Check out: The Ultimate Guide to Re-Opening your Office during Covid-19

Mshimba Michelle

Highly Skilled workers

Any CEO or director worth their salt will tell you human resource is the ultimate resource. Skilled workers are an asset for any business. They play a large role in setting you apart from your competition, develop your business’s reputation and maintain its ongoing success. A skilled worker is someone who holds the necessary qualifications to produce exceptional results in their work and consistently goes above and beyond in the performance of their duties. Every organisation needs a skilled workforce. This is because the success or failure of any business highly depends on the quality of labour available to it. Having access to staff who are well-trained, able to adapt and knowledgeable in their roles ensures you can maintain high levels of performance, no matter what the current challenges of your industry may be. Here’s how you can have the best of the best working on your team.


A recruitment strategy is a formal plan of action involving an organisations attempts to successfully identify, recruit, and hire high-quality candidates. With no shortage of  job seekers, you’ll need a strong recruitment strategy to build an engaged workforce that will give your business a competitive advantage.[1]

Begin by closely examining your business needs, goals and objectives as this will enable you to hire a team that will help you realise them. You should avoid being vague about what the job requires. Write a detailed job description that’s clear about the required skills and experience and what the job entails; including hours of work and responsibilities.[2]

The beauty of running a business in today’s society is that there are many technological resources available that will help you in the recruiting process. Social media for instance can be a great tool for posting job ads as well as collecting data on potential job candidates.[3]


Employees want to work for a company that they’re passionate about, but they also want a company that’s passionate about them. By making your company attractive to prospective employees, you enable your company to hire high-performing workers who increase productivity and sales and allow your company to grow.

For companies that want to stay competitive and attract top candidates, it’s becoming more and more important to have the kinds of benefits and perks that employees are looking for in today’s market. These include healthcare benefits, paid leave, vacations etc.[4]

People generally feel appreciated and motivated when their good work is acknowledged. Provide a competitive salary and opportunities for personal growth within your business for employees to showcase their skills. It is also important to highlight your company’s strengths as this will emphasise to potential employees the advantages of joining your team.[5]


In a perfect world, it would be easy to make hiring decisions. You post a job description, a handful of qualified people apply and you begin the recruiting process. Unfortunately, we don’t live in perfect world. Some job seekers just blast resumes off for jobs they’re not entirely qualified for and hope for the best. The recruiting team then has to sort through numerous applications to find the handful who have what it takes to do the job.[6]

In order to avoid the hassle of sorting through numerous applications, ensure that you provide a clear job description. The job description should communicate the essential job tasks, duties, responsibilities, and qualifications of the position. Effective job descriptions are professional and relatable. Before publishing, double-check your job description to ensure clarity and accuracy. In an effort to try and find the best workers, be realistic about your expectations so as not to scare away potential employees.[7]


After narrowing down your pool of potential candidates, you should have a short list of potential hires that you want to formally interview. The candidate interview is a vital component of the hiring process and can be carried out in a number of ways.[8]

You can conduct face-to-face interviews where you can ask more in-depth questions about the candidate’s background and skills to really find out if they’ll be the best fit for your company. Hiring qualified employees is an art that also requires certain skills. Remember to also give your interviewees a chance to ask questions they may have about your company. You have to be a good listener; you need to know how to redirect a conversation; and you must be able to make a distinction between a person who simply wants the job and the perfect candidate who can get the job done.[9]


When you are satisfied with the results of the interview process and have made your final hiring choice, it is time to make an offer to the job candidate. Be sure to make an offer that is worthwhile as highly skilled workers are in high demand and chances are that they may receive better offers elsewhere. While the candidate considers your job offer, stay in touch. The purpose is for you to reinforce your enthusiasm about having them on your team.[10]

Hiring highly skilled workers can be a lengthy and daunting process and we understand that. With the right tools and guidance you can be sure to have top tier employees working in your corner. Here at The Manpower Company, we pride ourselves in recruiting the best for your business. Drop us an email and begin skilling your business.

Did you know you can submit a job posting directly to our website? Click here to try it out!

CREDIT to Insperity for providing these steps.[11]












4 Learning styles

Unsurprisingly, the most successful companies globally are the ones that have fostered a diverse workforce and, among this diversity is the ability to learn. As an organisation, you’ll  attract a variety of  learning styles and personality types so leaders need to understand how to adapt their management style to provide the best environment possible for each employee to succeed. Learning styles have to do with a persons’ affinity to understand and retain information in a certain way. To ensure every employee is engaged and working in their ideal environment, here are 4 distinct learning styles and how you can utilise them:


Kinaesthetic learning is learning by doing. It is also known as the Physical Learning style or Tactile-Kinaesthetic Learning style. Kinaesthetic learners acquire information best when they are able to directly experience it through movement and touch.[1]

They prefer to be active participants rather than passive observers and typically work problems out through trial and error rather than accepting information presented to them. They also often value practical information over theoretical concepts. As a manager, give them physical tasks to demonstrate that they’ve acquired the new skill. Allow them to take notes during meetings and use visual aids as this will keep them mentally engaged.[2]

Note that this worker may come across as having nervous energy, and appear fidgety when listening. This however is likely related to how they process the information[3] – don’t be alarmed or offended.  


Visual learning is learning by reading or seeing images. It is also known as Spatial learning style. Visual learners learn best by using images, pictures colours etc. to organise retain and access information. People with a visual learning style are often referred to as visual-spatial learners. [4]

Visual learners learn best from information they can see or read. They prefer written instructions and visual aids to accompany verbal instructions. When working with visual learners, be sure to provide a variety of visual materials to facilitate the learning process such as visual aids during meetings e.g. graphs. Visual learners will also appreciate reading material to enable them to absorb and process information.[5]

This type of learner tends to make excellent artists or graphic designers, and feels right at home in online or remote work situations. They tend to work independently and will seek you out when they need you – try to avoid micromanaging them.[6]


Auditory learning is a learning style in which a person learns and acquires new knowledge and information through listening. Auditory learners depend on hearing and speaking as their primary mode of learning and highly benefit from oral instruction.[7]

In the workplace, auditory learners will benefit most from oral presentations and group meetings because they are generally good listeners. One of the many strengths of auditory learners is that they are good at giving oral presentations and reports. Use this to the company’s advantage by having them make presentations during meetings.[8]

As a manager, remember to seek out the best ways to interact with your team. It may not be easy to cater to every individual’s learning style, however try to incorporate the various methods where possible. This will in turn produce better results from your team.

This kind of learner usually feels more comfortable when there’s background noise in their environments rather than a quiet, static environment. Give them the space to use headphones and music while working to aid their concentration. The key to successfully managing them is checking in frequently and talking through expectations.  


This type of learner is very studious and thrives in a holistic learning environment where they can listen and look at information. Incorporating images in presentations and discussion will help re-enforce important information for this learning group. So be sure to use photos, graphs and infographics for key points and statistics.

This learner is usually great at doing research for projects and coming up with solutions, so assign them any in-depth work that comes up. These learners also tend to do well at public speaking and presentations, so you can rely on them to present their findings. They’re  also the ones who you can ask to recall any details you might’ve missed. [9]

When running a team, it’s important to note there’s no one-size fits all solution or approach. The best you can do is assign tasks and individuals where you’ve noticed they thrive. When distinguishing how to best manage your employees, communication is essential. Find out their learning styles and their ideal working environments and do you best to cater to these needs. Your team will certainly appreciate the effort and you’ll probably get more out of them.

Mshimba Michelle










How to hire

When it comes to building a company or organisation, finding and hiring the right employees is the most important factor in ensuring success. In the world of business; the best team always wins. No matter what happens to the market place, the economy or even the product, the thriving team will always find new solutions and innovative ways to deal with these changes. Here’s what you should look for to hire the absolute best:


“Do not hire a man who does your work for money, but him who does it for the love of it.” – Henry David Thoreau.

When hiring, it is important to look for like-minded people who are long-term thinkers and have an entrepreneurial spirit. Seek out people who are willing to roll up their sleeves and put in the hours because they genuinely want to build something they take pride in. Hiring employees with the same interests means that they will take pride in the company and want to see it succeed.

If you find someone who’s actively looking for a job and/or is particularly excited about working for you or your company, pay attention. Give special consideration to the applicant who is a fan of your products or raves about your industry reputation. Employees who actively target the places they want to work will bring a passion to the job far beyond those simply interested in collecting a paycheck.[1]


Purpose-driven employees are people who are not only committed to their company’s goals by giving their best each day, but are also intrinsically motivated because they believe that their job matters. They are constantly seeking opportunities to grow, while creating meaningful relationships with clients, colleagues, and customers. Hiring purpose-driven employees will result in increased productivity, higher retention rates, and more effective collaboration with other employees.[2]

People need to fully commit to the final goal. Along the way there will be tons of obstacles and unexpected resistance. There will be tasks outside of one’s skillset and tasks nobody knows how to do. Purpose driven people will do whatever it takes to finish a project with passion, resilience and resourcefulness. Experience is important, but a positive, ambitious person will bring new energy to your company.


Communicating is more than just talking; it’s about connecting with people. It is important to look for a person who is articulate and can get their thoughts across in a respectful and coherent manner. This skill has always been and will always be important. It’s the core of any business. If someone can’t communicate their thoughts properly they will are likely to face problems in future.

 Being able to communicate effectively with colleagues, clients or partners is a characteristic of top employees. Gauge your applicant’s communication skills via email, on the phone and in person (both verbally and through body language). Good communicators not only get their points across well, but also are careful to listen and follow directions. Lean toward candidates with open and engaging communication styles, and who ask questions and welcome feedback.[3]

Additionally, good listening skills are also part of good communication. In fact they are arguably the most important aspect in communication. Good listeners are relationship builders. If someone tends to interrupt or talk over others in an interview situation, they will probably do the same thing with your customers.


“If everyone is moving forward together, then success takes care of itself.”— Henry Ford

Plenty of companies have teams. It is not only essential to perform well as individuals but also as a member of the team. Performing well in a team requires patience, tolerance, and good social skills. Team efforts are associated with many advantages: work gets done faster and efficiently, employee relationships improve, and members of the team learn from each other’s characters, feedback and contributions to the team.[4]

In effect, teamwork is important and essential in order to accomplish the overall objectives and goals of an organisation. When looking for future employees, seek out those who are passionate about working with others and have good social skills. When recruiting, ask yourself; Are you going to enjoy working with this individual everyday?  Are your employees going to enjoy working with this individual?

And remember, all great people and great achievements are the product of some great collaborations, some great team efforts.


An individual fulfilling the job description is likely to be competent. But there is no guarantee that they will be creative.

Companies that want to create long-term success are constantly evolving and need innovative thinkers to remain competitive. Creative employees are the ones who are constantly generating and implementing new ideas. They also have the ability to develop on existing ideas thus further adding value to your organisation.

If you want to find and hire exceptionally creative people, you need to find people with diversity in their backgrounds. This is not only a sign of creativity, but it also indicates a wealth of experience and knowledge. More so than the person who has followed a clearly defined career path.

It’s hard to find buried treasure without a map. It’s difficult to win a scavenger hunt unless you have clues. And it’s impossible to hire the right people unless you know exactly what you’re looking for. Apply these tips and you’ll have an easier time finding the right employees. When you find yourself needing to skip the migraine of recruiting, turn to the experts. At The Manpower Company, we have dedicated staff and systems to meet your employer needs. Running an organisation is hard enough as it is, we do our job so you can do yours. Get in touch now and find the talent you need.

Mshimba Michelle





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